Wilson v Brisbane; Wilson v Chan & Naylor Parramatta Pty Ltd [2019] NSWSC 1598

Supreme Court New South Wales

Medium Neutral Citation: Wilson v Brisbane; Wilson v Chan & Naylor Parramatta Pty Ltd [2019] NSWSC 1598 Hearing dates: 23 October 2019 Date of orders: 21 November 2019 Decision date: 21 November 2019 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court orders that:

(1) The plaintiff's applications for an extension of time to file an appeal in relation to both appeals are refused.

(2) The plaintiff's applications for judicial review in relation to both decisions are dismissed.

(3) The amended summonses in relation to both proceedings are dismissed.

(4) The plaintiff is to pay the first defendants' costs in both proceedings on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – Judicial review – Civil and Administrative Tribunal of NSW – Decisions of an Appeal Panel and Senior Member of the New South Wales Civil and Administrative Tribunal – Refusal to conduct judicial review under s 34 of the Civil and Administrative Tribunal Act 2013 (NSW)

PRACTICE AND PROCEDURE – Civil procedure – Application for leave to appeal from the decisions of an Appeal Panel and Senior Member of the New South Wales Civil and Administrative Tribunal as to costs – Civil and Administrative Tribunal Act 2013 (NSW), s 83 – Appeal on a question of law – Where the decision of the Senior Member does not involve an "external or internal appeal" – Inappropriate exercise of discretion – Failure to provide adequate reasons – Failure to afford procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 34, 38, 50, 60, 80, 82, 83 Fair Trading Act 1987 (NSW), s 79L Judiciary Act 1903 (Cth), s 39 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 50.3, 59.10 Cases Cited: Abdel-Messih v Marshall [2018] NSWSC 648 Attia v Health Care Complaints Commission [2017] NSWSC 1066 Attorney General for New South Wales v Gatsby [2018] NSWCA 254 Australian Securities & Investments Commission v Saxby Bridge Financial Planning Pty Ltd (2003) 133 FCR 290; (2003) 202 ALR 450 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Bronze Wing International Pty Ltd v Safe Work NSW [2017] NSWCA 41 Coulter v R [1988] HCA 3; 164 CLR 350 Davis v NSW Land and Housing Corporation [2016] NSWCA 325 Gallo v Dawson [1990] HCA 30; 93 ALR 479 House v The King (1936) 55 CLR 499 Jackamarra v Krakouer (1998) 195 CLR 510 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Lee v New South Wales Crime Commission (2012) 224 A Crim R 94; [2012] NSWCA 262 McGinn v Ashfield Council [2012] NSWCA 238 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Mrjana v Imagine Education Australia Pty Ltd [2016] NSWCATAP 232 Nominal Defendant v Saleh [2011] NSWCA 16 Osland v Secretary to the Department of Justice (No 2) (2010) 241 CLR 320; [2010] HCA 24 Plath v Snowy Monaro Regional Council [2019] NSWCATAP 212 Qantas Airways Limited v Lustig [2015] FCA 253 s 39(2) of the Judiciary Act 1903 (Cth) Tomko v Palasty (No 2) [2007] NSWCA 369 Walsh v Parramatta City Council [2007] NSWLEC 255; (2007) 161 LGERA 118 Wilson v Tetley [2003] NSWCA 124 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; (2013) 303 ALR 64 Zenden Sewell Henamast Pty Ltd [2011] NSWCA 56 Craig v State of South Australia (1995) 184 CLR 163; [1995] HCA 58 Category: Principal judgment Parties: 2019/83190 Stephen Wilson(Plaintiff) Henry Carl Brisbane (First Defendant) NSW Civil and Administrative Tribunal (Second Defendant)